Open war: the polyamorous versus the swingers

In tackling this column, I knew I was coming at it from a particular vantage: I consider myself much more of a polyamorist than a swinger.  For this reason, I don’t write a lot about swinging: while I’ve met and played with some swinging folk, I don’t consider myself an expert on what some of them call “the lifestyle.” 

What I do know is that many polyamorous people define themselves in opposition to swingers, and in fact, at least locally, swingers tend to dwell outside of the intersecting subcultures that one often sees gathered together: the polyfolk, queers and kinksters, the geeks and gamers, the DIYers and cohousers, the pagans and atheist-engineers.  I can speculate a number of reasons for this, and lay down a couple of key differences between the general population of swingers and polyfolk.  But what I also hope for is a greater understanding between the two groups, who often see each other in a negative light.

In 2004, a friend of mine named Pepper Mint did a wonderful presentation at the Building Bridges conference and shared his notes for that presentation online.  The presentation sought to bring together polyamorists and swingers under the identity umbrella of nonmonogamy.  But there are problems.  For one, he writes, swinging is more familiar than polyamory is to mainstream culture – and is demonized by it.  (This is changing somewhat, as polyamory becomes more visible.)  Therefore, when poly people are misidentified as swingers, they often react negatively, putting swingers into some other identity bucket than themselves and usually employing negative stereotypes about swingers.  Swinging is about sex – poly is about love, some say – which is a false distinctionSwinging is about sex parties, poly is about having relationships, say others – while many people I know go to sex parties all the time and have relationships, too.  In this way, even though both poly and swinging people are opposing the same mainstream system of monogamy, they set themselves in opposition to each other.

Part of this probably has to do with visibility: not only how familiar the mainstream is with a given culture, but how out the members of that culture are in general.  Ironically, most poly people I’ve come into contact with are far more out about who they are than swingers, and given the above, this makes sense.  Swingers tend to be vilified by mainstream culture, but also tend to be more a part of it than poly people.  Swingers are often married heterosexual couples who appear outwardly “just like everyone else,” and because they probably have mortgages, jobs, kids and straight communities, they often keep their activities secret.  Given the mainstream viewpoint of swingers and swingers’ own desire to continue operating within the mainstream culture, it’s no wonder that many of them remain extremely private about their swinging. 

It’s also no wonder, then, that many poly people choose to distance themselves from the culture of swinging.  Unlike swingers, poly people often must be out at least to a certain extent: after all, it is difficult to pretend to everyone in the world that you don’t have two husbands.  Your kids are certainly going to notice, your neighbors probably have a good idea.  You might keep it secret from your workplace, particularly if you don’t have more than one partner living with you or if the knowledge would get you fired.  If you have to be out in order to live happily – or even just for practical reasons – you probably want to identify yourself as separate from “those sex-crazed people” over there, since the sex-negativity of the larger culture is still rampant.

Ultimately, this divide of out versus not-out might be the main wedge that separates people who should be natural allies.  By and large, swingers seem to see themselves as normal folks who are just out having some excitement on Saturday nights.  They don’t feel the need to separate further from mainstream culture or to participate in other alternative lifestyle activities: they are often happily suburban, Christian, and ranging from working class through to wealthy.  Aside from their adventures with other couples, which admittedly sometimes turn into long-term, dating-like friendships, swingers tend to fully participate in Normal Life ™.  Poly people, on the other hand, are often life-hackers: people who are interested in doing things differently from the norm to see if they work better for them.  It might start with dating more than one person with everyone’s knowledge instead of cheating.  Then there might be experimentation with kinky sex, communal living, growing your own food and building your own stuff.  Often one steps out of mainstream religious choices into atheism or more earth-based spirituality.  Many polyfolk are entrepreneurs in the widest sense: not just running their own businesses but generating the business of their lives.  Those who aren’t makers and doers are sometimes troubled artists, living outside the mainstream in other ways and struggling to make their visions work.

In other words, swingers and polyamorists, two groups of people united by a common desire to love differently, are divided not only by the ways in which they choose to practice nonmonogamy, but by the other ways in which they choose to live their lives.  While this is of course not true of all members of either group, it’s a fair approximation, and tends to keep the two communities apart.

The question becomes, what are we losing by being so separate?  What opportunities might we be missing, and how might we work together on issues like equal rights, protecting our children, sexual freedom and legal protections for nonstandard family units

It seems like there are many areas on which we could work together.  But swingers have the challenge of working within the mainstream even as their life choices are condemned by it.  And polyamorists are working to make their choices acceptable to the mainstream even as they often reject its other strictures.  One wonders what would happen if we joined forces and stopped worrying about what the larger world thinks.  After all, we share both difficulties and community needs.  As Pepper says, “the two communities have common opposition: the same laws will be used to punish us, the same prejudices will cause our bosses to fire us, and so on.” In addition, “because both communities are sexually nonmonogamous, we share concerns and needs in common, the only the most obvious of which are STD knowledge and prevention tactics.”

If we banded together rather than remaining so separate, perhaps the larger culture could expand a bit, and discover that more is possible: it’s certainly happened before.  But to start with, we might simply try not judging each other.

 

Making their bed

Making their bed

Photograph by Jonathan Hayward/Canadian Press

The British Columbia government’s decision to test the legality of Canada’s 120-year-old polygamy law led to a shocking revelation for Karen and her two male partners. The 37-year-old Winnipeg-area mother, her husband of 15 years and a second male partner concede their arrangement is unconventional. She calls it a plural union based on equality, not religious ideas of male dominance. What she didn’t realize, until the B.C. court reference drew attention to the issue, was that they’re breaking the law by sharing a home. “This has been a real learning experience,” she says.

Karen, who doesn’t want her surname used in order to protect her children, is part of a constituency of polyamorists, one of many groups seeking standing in the B.C. Supreme Court. The case will determine if the polygamy law—Section 293 of the Criminal Code—is constitutional. It was triggered by the province’s failure to prosecute two polygamous bishops in the fundamentalist Mormon community of Bountiful, B.C., but its outcome could affect the rights of thousands.

Some 16 groups have submitted affidavits seeking permission to argue for or against 293 when a trial date is set—proving, if nothing else, that polygamy creates strange bedfellows. Some groups see the polygamy law as the foundation of the traditional family and a defence against the exploitation of girls forced into multiple marriage, as the province alleged happened in Bountiful. Others argue the law is unenforceable, does nothing to help the women of Bountiful, and that it imposes a moral code out of step with Canada’s modern, multicultural society.

Affidavits filed by James Oler and Winston Blackmore, who each lead congregations of about 400 fundamentalist Mormons in Bountiful, claim the law violates their constitutional rights. Blackmore, alleged to have at least 19 wives and 100 children, calls the law an “unjustifiable infringement of my congregation’s and my religious freedom.”

Conversely, Nancy Mereska, coordinator of the Alberta-based Stop Polygamy in Canada, says, “Religious law must not trump civil law in a free and democratic society,” a view shared by its member group, the U.K.-based Women Living Under Muslim Laws. The British Columbia Teachers’ Federation, in its filing, also states religious freedom “cannot be interpreted to allow for the abuse, exploitation or oppression of women and children.”

The secular B.C. Civil Liberties Association, on the other hand, says the “dominant morality” shouldn’t be imposed by law. “Criminal attacks on polygamy will simply drive it underground,” says an affidavit by executive director David Eby. His group calls the law too “vague and overbroad” to be enforced: the statute prohibits “any kind of conjugal union with more than one person at the same time,” even if those in the relationship aren’t legally married. (Adultery, also a multi-partner relationship, isn’t illegal under the law.)

REAL Women—which promotes “the Judeo-Christian view of traditional marriage and family”—argues polygamy turns women into “chattels.” A minority of cultures have historically allowed plural marriages, its affidavit says. “These have, almost without exception, given rise to a hierarchy dominated by older men with multiple younger wives.” That leads to “over-aggressive” males competing for a limited number of women,” it says. “Hence, polygamous societies are often violence-prone.” The Christian Legal Fellowship, a group of Christian lawyers, also supports the law. At issue isn’t religious freedom but the threat that male-dominated polygamy presents to equality rights, it argues.

Opposing the law is Paul Fromm of the far-right Canadian Association for Free Expression. Courts have supported the right to same-sex marriage in Canada, he says. Polygamy, with historic roots in many religions, is “more consistent with harmonious social relations that is any experience with the concept of same-sex marriage.”

Fromm’s group is uncomfortably in the same camp as the Canadian Polyamory Advocacy Association, which includes many gay and lesbian multiple partnerships. Vancouver lawyer John Ince, legal counsel for the group, and in a polyamorous relationship himself, says the case will determine only if plural relationships are legal. What flows from that—the rights of multiple partners to pensions, adoption or immigration sponsorship—are issues for future rulings many years, and many appeals, down the road, he said.

From her home in Manitoba, Karen says she is offended that the law labels her and her partners criminals, yet it would have been legal, and more socially acceptable, to disrupt her family life by leaving her husband or having an adulterous affair. As much as she hates the attention, polyamorists have to take a stand in what promises to be a high-profile case, she says. “The irony is we’re really fighting for the right to be left alone.”

 

Sex not specified: Australia leads the way with legal document

norrieEXCLUSIVE: 8 March 2010: The NSW government in Australia has issued what is believed to be the world’s first ‘Sex Not Specified’ Recognised Details Certificate in place of a birth certificate, writes Katrina Fox.

Norrie, a member of Sex and Gender Education (SAGE), a lobby group campaigning for the rights of all sex and gender diverse people has been issued with what is understood to be the world’s first ‘Sex Not Specified’ Recognised Details Certificate in place of a birth certificate.

This means that Norrie (also known as norrie mAy-Welby) – a resident of Sydney, NSW – is legally recognised as neither male nor female according to the Australian government.

Originally Norrie, 48, was born in Scotland and registered as male at birth. At age 23 Norrie commenced sex and gender conversion to female through hormone and construction of a vagina and was then issued with a gender recognition certificate as female in Australia.

But this did not work out for Norrie as zie (gender-neutral pronoun) did not feel comfortable living solely as a female so zie ceased lifelong hormone treatment and took up a neuter identity which is neither male nor female, resisting any further female or male normalisation.

In January 2010 doctors declared that they were unable to determine Norrie as either male or female as zie has no gonads, the hormonal system was atypically male or female, and Norrie’s psychological identity was neuter.

NSW Births Deaths and Marriages then issued the ‘Sex Not Specified’ Details Recognition Certificate in accordance with recommendations made by the Australian Human Rights Commission’s 2009 report on the legal rights of sex and gender diverse people proposing a greater scope of legal recognition be used beyond male and female for certain individuals.

“This decision now has fundamental ramifications for neuter and intersex identified individuals in that they no longer have to be forced to live as male or female,” said Tracie O’Keefe, spokesperson for SAGE.

“Furthermore it is an enormous legal breakthrough for the rights of intersex children whose doctors and parents are confused about their sex at births and that they could be registered as ‘Sex Not Specified’ until they decide what sex would be right for them,” O’Keefe continued.

“Many intersex children have been forced into male and female identities, when not medically necessary, which they later felt were incorrect, including unnecessary brutal surgery to give them stereotypical looking genitalia, often leaving them without sensation or function.”

Also read “My journey to getting a ’sex not specified’ legal document”

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